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Judgment
N.K. Patil, J.—This appeal by the claimant is directed against the judgment and award dated 3rd August 2012, passed in MVC No. 37/2010, by the Senior Civil Judge, Motor Accident Claims Tribunal, Maddur, (for short, ''Tribunal''), for enhancement of compensation on the ground that, the compensation of Rs. 12,000/- with interest @ 6% p.a. awarded in favour of the claimant as against his claim for Rs. 9,50,000/-, is inadequate. The appellant claims to be aged about 30 years and was hale and healthy prior to the date of accident. That the occurrence of accident at about 7:15 P.M., on 21-05-2009, when the appellant was riding the Hero Honda Motor Cycle bearing Registration No. KA-11/S-3987, from Koppa towards Haralakere village on the left side of Koppa-Haralakere road along with one pillion rider, Kariyappa, due to rash and negligent driving by the driver of the Victor Motor cycle bearing Registration No. KA-02/ET-5797, is not in dispute. It is also not in dispute that the appellant has sustained cut injuries of 3rd finger of right foot, which is opined to be of grievous in nature. Due to the injuries sustained in the accident, he was shifted to Government Hospital, Koppa and thereafter to District Hospital, Mandya, where he was treated as in-patient for a period of five months.
It is his further case that, on account of the accident, he sustained injuries stated above for the treatment of the said injuries, he has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.
On account of the injuries sustained in the accident, the appellant filed the claim petition u/s 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 9,50,000/- against the Insurance Company and another. The said claim petition had come up for consideration before the Tribunal on 3rd August, 2012. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a global sum of Rs. 12,000/-, with interest at 6% per annum from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the appellant has filed the appeal before this Court, seeking enhancement of compensation.
I have gone through the grounds urged in the memorandum of appeal and the impugned judgment and award passed by Tribunal and heard the learned counsel appearing for the appellant.
Learned counsel appearing for appellant submits that the global compensation of Rs. 12,000/- awarded by Tribunal is on the lower side and hence, reasonable enhancement may be made. Further, he submitted that mere non examination of the Doctor will not take away the legitimate entitlement of compensation by the appellant on account of the injuries sustained by him in the road traffic accident and therefore, the impugned judgment and award is liable to be modified accordingly.
After perusal of the impugned judgment and award passed by Tribunal and after hearing the learned counsel for Insurer, it emerges that, occurrence of accident and resultant injuries sustained by appellant are not in dispute. The Tribunal, after due consideration of Ex. P5, Wound Certificate, has observed that the appellant has sustained cut injuries of 3rd finger of right foot, which is opined to be of grievous in nature. Further, the appellant has stated that he was hospitalized for five months. But, no piece of paper, like in-patient slip or discharge summary, etc. is produced to substantiate the same. On the other hand, the appellant himself has produced medical bills worth Rs. 1,363/- at Exs. P6 and P7. Therefore, having regard to the nature of injuries sustained by appellant and the expenses incurred by him towards medicines, etc. and also considering the fact that he took treatment at Government Hospital Koppa and also at District Hospital, Mandya, the Tribunal awarded global compensation of a sum of Rs. 12,000/- for the injuries sustained by the appellant. The same in my view is just and proper and I do not find any unreasonableness or arbitrariness in awarding the said compensation. Further, it can be seen that the appellant has sustained only one injury, that is cut injury to 3rd finger of right foot. Therefore, the quantum of compensation awarded is reasonable and it does not call for interference. For the foregoing reasons, the appeal filed by the claimant is liable to be dismissed as devoid of merits. Accordingly, it is dismissed.
Office to draw award, accordingly.